DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

D & J Harris Corporation Pty Ltd as the trustee for the Harris Family Trust
(AG2016/72)

D & J SERVICES ENTERPRISE AGREEMENT 2015

Cleaning services
COMMISSIONER SPENCER	BRISBANE, 27 JANUARY 2016

Application for approval of the D & J Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the D & J Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D & J Harris Corporation Pty Ltd as the trustee for the Harris Family Trust. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 3 February 2016. The nominal expiry date of the Agreement is 27 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved D & J Harris Corporation Pty Ltd, as the trustee for the Harris Family Trust, seeking approval of the D & J Services Enterprise Agreement 2015. The application was brought under the Fair Work Act 2009, specifically section 234, which allows for the approval of an enterprise agreement that meets certain criteria. The applicants sought the court's endorsement of the agreement, which outlined the terms and conditions of employment for workers within the enterprise. The primary legal issue for the court was to determine whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees.

The court examined the agreement to ensure it met the criteria set out in the Act, including provisions for minimum wages and conditions, dispute resolution mechanisms, and procedural fairness in its creation. The applicants argued that the agreement was fair and reasonable, having been negotiated in good faith, and that it provided adequate protections for the employees. The court considered submissions from the applicants and any other interested parties, including unions or individual employees who might have concerns about the agreement.

After thorough consideration, the court found that the agreement was compliant with the statutory requirements and was fair and reasonable in all its terms. The court noted that the agreement provided for fair wages and conditions, included appropriate dispute resolution processes, and had been negotiated in good faith. The court was satisfied that the agreement was in the best interests of the employees and approved it under section 234 of the Fair Work Act. The final orders of the court endorsed the D & J Services Enterprise Agreement 2015 as binding on the parties from the date of the approval.

D & J Harris Corporation Pty Ltd as the trustee for the Harris Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established